( 1 ) THIS appeal arises out of a suit filed by the plaintiff as O. S. No. 18 of 1960, in the Court of the Chief Judge, City Civil Court, Hyderabad, against one Ramakrishtiah and Yeilappa and the plaintiffs brother Adapa Narayan.

( 2 ) THE material allegations in the plaint are that the plaintiff, third defendant adapa Hanumaiah and Ramalingam are brothers and members of a Hindu joint family till 1938, when Ramalingam separated from the rest of family. After the separation of Ramalingam, the family continued to be joint till July 1940 when there was a separation in mess between the brothers. The plaintiff s allegation is that thereafter separate khatas were opened in the names of the three brothers representing their branch of families and all the amounts paid or txpended by them used to be debited in their respective names. In 1942 the third defendant opened a shop in partnership with the 1st defendant under the name and style of Adapa Narayan Bombay Palakol cloth shop borrowingmonies from the family funds. The plaintiff and his brother Hanumaiah had also lent money to the said shop. The 1st defendant filed O. S. No. 23 of 1944, in the District Court, Secunderabad for d